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EDAL case summaries

ECtHR - Jabari v. Turkey, Application no. 40035/98, 11 July 2000

Country of Applicant: Iran
Keywords: Effective remedy (right to), Gender Based Persecution, Inhuman or degrading treatment or punishment, Membership of a particular social group, Right to remain pending a decision (Suspensive effect)

The proposed deportation of the applicant to Iran would violate Article 3 ECHR, and as she was prevented from having the merits of her claim examined due to non-compliance with procedural time limits, there was a breach of Article 13 ECHR.  This was because she had no chance to challenge the decision on appeal, or access to a remedy with suspensive effect.
Date: 11-07-2000

ECtHR - Velikova v. Bulgaria , Application no.41488/98, 18 May 2000

Country of Applicant: Bulgaria
Keywords: Delay, Effective remedy (right to), Health (right to), Persecution (acts of)

Applicant complained under Articles 2, 6, 13 and 14 of the Convention in relation to the death of her partner while in police custody.
Date: 18-05-2000

ECtHR - T.I. v. The United Kingdom, Application No. 43844/98, Decision as to the Admissibility, 7 March 2000

Country of Applicant: Sri Lanka
Keywords: Credibility assessment, Effective remedy (right to), Inhuman or degrading treatment or punishment, Manifestly unfounded application, Medical Reports/Medico-legal Reports, Membership of a particular social group, Personal circumstances of applicant, Procedural guarantees, Protection, Real risk, Refugee Status, Torture

The case involved a Sri Lankan asylum seeker whose application was rejected in Germany, and upon seeking asylum in the UK, was rejected on the basis of the Dublin Convention and that his application corresponded to Germany. The Court found no breach of a Convention obligation from the UK by its decision to remove him to Germany.               
Date: 07-03-2000

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